Forty percent of the crops grown in the United States contain their genes. They produce the world’s top selling herbicide. Several of their factories are now toxic Superfund sites. They spend millions lobbying the government each year. It’s time we take a closer look at who’s controlling our food, poisoning our land, and influencing all three branches of government. To do that, the watchdog group Food and Water Watch recently published a corporate profile of Monsanto.

Patty Lovera, Food and Water Watch assistant director, says they decided to focus on Monsanto because they felt a need to “put together a piece where people can see all of the aspects of this company.”

“It really strikes us when we talk about how clear it is that this is a chemical company that wanted to expand its reach,” she says. “A chemical company that started buying up seed companies.” She feels it’s important “for food activists to understand all of the ties between the seeds and the chemicals.”

Monsanto the Chemical Company

Monsanto was founded as a chemical company in 1901, named for the maiden name of its founder’s wife. Its first product was the artificial sweetener saccharin. The company’s own telling of its history emphasizes its agricultural products, skipping forward from its founding to 1945, when it began manufacturing agrochemicals like the herbicide 2,4-D.

Prior to its entry into the agricultural market, Monsanto produced some harmless – even beneficial! – products like aspirin. It also made plastics, synthetic rubber, caffeine, and vanillin, an artificial vanilla flavoring. On the not-so-harmless side, it began producing toxic PCBs in the 1930s.

According to the new report, a whopping 99 percent of all PCBs, polychlorinated biphenyls, used in the U.S. were produced at a single Monsanto plant in Sauget, IL. The plant churned out toxic PCBs from the 1930s until they were banned in 1976. Used as coolants and lubricants in electronics, PCBs are carcinogenic and harmful to the liver, endocrine system, immune system, reproductive system, developmental system, skin, eye, and brain.

Even after the initial 1982 cleanup of this plant, Sauget is still home to two Superfund sites. (A Superfund site is defined by the EPA as “an uncontrolled or abandoned place where hazardous waste is located, possibly affecting local ecosystems or people.”) This is just one of several Monsanto facilities that became Superfund sites.

Monsanto’s Shift to Agriculture

Despite its modern-day emphasis on agriculture, Monsanto did not even create an agricultural division within the company until 1960. It soon began churning out new pesticides, each colorfully named under a rugged Western theme: Lasso, Roundup, Warrant, Lariat, Bullet, Harness, etc.

Left out of Monsanto’s version of its historical highlights is an herbicide called Agent Orange. The defoliant, a mix of herbicides 2,4-D and 2,4,5-T, was used extensively during the war in Vietnam. The nearly 19 million gallons sprayed in that country between 1962 and 1971 were contaminated with dioxin, a carcinogen so potent that it is measured and regulated at concentrations of parts per trillion. Dioxin was created as a byproduct of Agent Orange’s manufacturing process, and both American veterans and Vietnamese people suffered health problems from the herbicide’s use.

Monsanto’s fortunes changed forever in 1982, when it genetically engineered a plant cell. The team responsible, led by Ernest Jaworski, consisted of Robb Fraley, Stephen Rogers, and Robert Horsch. Today, Fraley is Monsanto’s executive vice president and chief technology officer. Horsch also rose to the level of vice president at Monsanto, but he left after 25 years to join the Gates Foundation. There, he works on increasing crop yields in Sub-Saharan Africa. Together, the team received the National Medal of Technology from President Clinton in 1998.

The company did not shift its focus from chemicals to genetically engineered seeds overnight. In fact, it was another 12 years before it commercialized the first genetically engineered product, recombinant bovine growth hormone (rbGH), a controversial hormone used to make dairy cows produce more milk. And it was not until 1996 that it first brought genetically engineered seeds, Roundup Ready soybeans, onto the market.

By 2000, the company had undergone such a sea change from its founding a century before that it claims it is almost a different company. In Monsanto’s telling of its own history, it emphasizes a split between the “original” Monsanto Company and the Monsanto Company of today. In 2000, the Monsanto Company entered a merger and changed its name to Pharmacia. The newly formed Pharmacia then spun off its agricultural division as an independent company named Monsanto Company.

Do the mergers and spinoffs excuse Monsanto for the sins of the past committed by the company bearing the same name? Lovera does not think so. “I’m sure there’s some liability issues they have to deal with – their various production plants that are now superfund sites,” she responds. “So I’m sure there was legal thinking about which balance sheet you put those liabilities on” when the company split. She adds that the notion that today’s Monsanto is not the same as the historical Monsanto that made PCBs is “a nice PR bullet for them.”

But, she adds, “even taking that at face value, that they are an agriculture company now, they are still producing seeds that are made to be used with chemicals they produce.” For example, Roundup herbicide alone made up more than a quarter of their sales in 2011. The proportion of their business devoted to chemicals is by no means insignificant.

Defenders of Monsanto might reply to the charge that Roundup is no Agent Orange. In fact, the herbicide is viewed as so benign and yet effective that its inventor, John E. Franz, won the National Medal of Technology. Glyphosate, the active ingredient in Roundup, kills everything green and growing, but according to Monsanto, it only affects a metabolic pathway in plants, so it does not harm animals. It’s also said to break down quickly in the soil, leaving few traces on the environment after its done its job.

Asked about the harmlessness of Roundup, Lovera replies, “That’s the PR behind Roundup – how benign it was and you can drink it and there’s nothing to worry about here. There are people who dispute that.” For example there is an accusation that Roundup causes birth defects. “We don’t buy the benign theory,” continues Lovera, “But what’s really interesting is that we aren’t going to be having this conversation pretty soon because Roundup isn’t working anymore.”

Lovera is referring to “Roundup-resistant weeds,” weeds that have evolved in the past decade and a half to survive being sprayed by Roundup. Nearly all soybeans grown in the United States is Monsanto’s genetically engineered Roundup Ready variety, as are 80 percent of cotton and 73 percent of corn. Farmers spray entire fields with Roundup, killing only the weeds while the Roundup Ready crops survive. With such heavy use of Roundup on America’s farmfields, any weed – maybe one in a million – with an ability to survive in that environment would survive and pass on its genes in its seeds.

By 1998, just two years after the introduction of Roundup Ready soybeans, scientists documented the first Roundup-resistant weed. A second was found in 2000, and three more popped up in 2004. To date, there are 24 different weedsthat have evolved resistance to Roundup worldwide. And once they invade a farmer’s field, it doesn’t matter if his crops are Roundup-resistant, because Roundup won’t work anymore. Either the weeds get to stay, or the farmer needs to find a new chemical, pull the weeds by hand, or find some other way to deal with the problem.

“We’ve wasted Roundup by overusing it,” says Lovera. She and other food activists worry about the harsher chemicals that farmers are switching to, and the genetically engineered crops companies like Monsanto are developing to use with them.

Currently, there are genetically engineered crops waiting for government approval that are made to tolerate the herbicides 2,4-D, Dicamba and Isoxaflutole. (These are not all from Monsanto – some are from their competitors.) None of these chemicals are as “benign” as Roundup. Isoxaflutole is, in fact, a carcinogen. Let’s spray that on our food!

Corporate Control of Seeds

No discussion of Monsanto is complete without a mention of the immense amount of control it exerts on the seed industry.

“What it boils down to is between them buying seed companies outright, their incredible aggressive legal maneuvering, their patenting of everything, and their enforcement of those patents, they really have locked up a huge part of the seed supply,” notes Lovera. “So they just exercise an unprecedented control over the entire seed sector. Monsanto products constitute 40 percent of all crop acres in the country.”

Monsanto began buying seed companies as far back as 1982. (One can see an infographic of seed industry consolidation here.) Some of Monsanto’s most significant purchases were Asgrow (soybeans), Delta and Pine Land (cotton), DeKalb (corn), and Seminis (vegetables). One that deserves special mention is their purchase of Holden’s Foundation Seeds in 1997.

George Naylor, an Iowa farmer who grows corn and soybeans, calls Holden’s “The independent source of germplasm for corn.” Small seed companies could buy inbred lines from Holden’s to cross them and produce their own hybrids. Large seed companies like Pioneer did their own breeding, but small operations relied on Holden’s or Iowa State University. But Iowa State got out of the game and Monsanto bought Holden’s.

Monsanto’s tactics for squashing its competition are perhaps unrivaled. They use their power to get seed dealers to not to stock many of their competitors products, for example. When licensing their patented genetically engineered traits to seed companies, they restrict the seed companies’ ability to combine Monsanto’s traits with those of their competitors. And, famously, farmers who plant Monsanto’s patented seeds sign contracts prohibiting them from saving and replanting their seeds. Yet, to date, U.S. antitrust laws have not clamped down on these practices.

With the concentrated control of the seed industry, farmers already complain of lack of options. For example, Naylor says he’s had a hard time finding non-genetically engineered soybean seeds. Most corn seeds are now pre-treated with pesticides, so farmers wishing to find untreated seeds will have a tough time finding any. Once a company or a handful of companies control an entire market, then they can choose what to sell and at what price to sell it.

Furthermore, if our crops are too genetically homogenous, then they are vulnerable to a single disease or pest that can wipe them out. When farmers grow genetically diverse crops, then there is a greater chance that one variety or another will have resistance to new diseases. In that way, growing genetically diverse crops is like having insurance, or like diversifying your risk within your stock portfolio.

Food and Water Watch Recommendations

At the end of its report, Food and Water Watch lists several recommendations. “There are a lot of ways that government policy could address the Monsanto hold on the food supply,” explains Lovera. “The most important thing is that it’s time to stop approval of genetically engineered crops to stop this arms race of the next crop and the next chemical.”

A third recommendation Lovera hopes becomes a reality is mandatory labeling of genetically engineered foods. “If we had that label and we put that information in consumers’ hands, they could do more to avoid this company in their day-to-day lives,” she says.

In the meantime, all consumers can do to avoid genetically engineered foods is to buy organic for the handful of crops that are genetically engineered: corn, soybeans, canola, cotton, papaya, sugar beets, and alfalfa.

Is that not a pretty picture? It is what happens to our land when we rely on finite sources of dirty fossil fuel energy. Say goodbye to the trees, the animals, and a clean environment! The picture is not of a Hydraulic Fracturing or Fracking site. It is a picture of the lesser known Sand Fracking that goes on to supply the needed Silica sand for the extremely toxic Hydraulic Fracking process of which there are now 65,000 wells and counting throughout the U.S.

The premium sand that is ideal for Hydraulic Fracturing or Horizontal Fracturing has been found by businessmen, mainly from Texas, and the high quality sand is in Wisconsin and Minnesota! A little-known company called Glacier Sands LLC a.k.a. Seven Sands LLC is responsible for this “gold rush” in the Sand Fracking industry. Their webpage looks innocent, but looks can be deceiving!

Let’s break down three key people in their leadership: Brian Iverson, Ryan Thomas and Ike Thomas. Brian Iverson drew the attention of Texas businessmen Ike and Ryan Thomas, and he formally set up Glacier Sands LLC a.k.a. Seven Sands LLC in 2011 using a Wisconsin address although he lived in Minnesota. Brian Iverson has not only been accused of investment fraud related to a group of mining investors from Montana, but he also filed bankruptcy a little over two years ago to cover over $21 million of debt he accrued related to former business deals “and personal guaranties he gave as security for business loans.” Source: http://www.tcdailyplanet.net/news/2012/07/09/frac-sand-or-farmland-wisconsin-farmers-face-showdown-rescheduled-august-9

Boy, this Brian Iverson guy sounds like bad news! He’s shady at best, and he has hooked up with two Texas businessmen since 2011 to completely destroy (see picture above) Wisconsin and Minnesota’s pristine environment by slithering in like a snake to slowly poison innocent citizens who have lived here for generations. What for? GREED, of course! Brian Iverson needed help to become financially successful, because he has a dirty past of screwing people over, then filing bankruptcy for his losses! Iverson is the epitome of selfishness! He obviously does not care about people in general or his workers, since I am sure he is aware of the dangers of Silicosis and cancer.

Sand Fracking for Crystalline Silica is known to cause Silicosis and cancer. Source: OSHA: http://www.osha.gov/OshDoc/data_General_Facts/crystalline-factsheet.pdf The Silica sand from Sand Fracking can blow for miles if not continually watered down according to lame government standards. At best, the Crystalline Silica produced from Sand Fracking to use in Hydraulic Fracking will only affect nearby areas to include the Mississippi River. That is bad enough if you live in a state where Sand Fracking sites are popping up faster than they can be properly studied for health risks before approval! Without proper studies on the harmful effects and affects of fracking, county boards like Buffalo County, WI just delay the permit for Sand Fracking until all of the ‘angry citizen’ dust has settled. Then, they go in and vote 3-0 in favor of what nobody wants except for the dirty fossil fuel industry and big business like Glacier Sands LLC! I wonder how many board members and other officials get paid to pass legislation for mining that is NOT wanted by a vast majority of U.S. citizens in general? Probably more than one can possibly imagine! Brian Iverson had help from Ike and Ryan Thomas though. Anything coming out of the most polluted state (Texas) in the U.S. for over a decade and running cannot be good!

Is this what our country wants? A monkey barrel of bullies overrunning our local governments to feed their lust for money and power? Apparently so, because I do not see anyone standing up en masse to protest fraudulent businessmen. Businessmen who sucker farmers or anyone else with many acres of land via a greed-laden but small payout for ruining not only the farmer’s or individual’s land, but the land, water, complete infrastructure to include roads and buildings of towns and cities, and health of humans and animals!

Do you think that Glacier Sands or any other “Fracking” business is going to pay for human health problems which show up years or decades later, or the contamination of our land and water in general? They will be long gone by the time we catch up to the mess they have left behind! Taxpayers, as usual, will be stuck cleaning up dirty mining’s mess due to lack of current concern or ability to do much of anything to stop the Sand Fracking nightmare that consumes Wisconsin and Minnesota! It’s such a shame too, because if you can stop the Sand Fracking from happening then you can halt the even more dangerous Hydraulic Fracturing or Fracking that uses Crystalline Silica in large quantities. Fracking, like Glacier Sands is doing, has already turned America’s landscape from this

02-27-2013 Ecowatch

Laurel Peltier

In 1989, Dusty and Tamera Hagy bought 81 rural acres in Jackson County, West Virginia. Twenty-one years later, the Hagys sued four natural gas drilling firms alleging the natural gas wells drilled on their property in 2008 contaminated their drinking water and caused physical harm.

The Hagys’ water contamination lawsuit demonstrates how the natural gas industry has built a near-perfect “federal legal exemption’s framework” that when combined with lax or absent state regulations and the legal system’s high costs, inherently approves of citizen collateral damage with no restitution.

The consequence of this framework is that the burden of proof is placed on plaintiffs who, at best, are forced to settle with natural gas companies, thereby sealing the case from public scrutiny, scientific examination and legal precedence. Because the Hagys didn’t sign a non-disclosure agreement with the natural gas companies involved, their legal case gives the public a rare window into how fracking lawsuits play out in reality.

Natural gas is a critical resource. Fifty percent of American residences use natural gas. Natural gas is seen by some as a bridge fuel essential to the U.S.’s strategy to gain energy independence from foreign oil imports. Yet we must ask ourselves: Is the current fracking system one we should support? Are changes needed to level the playing field for all parties involved in fracking? Can fracking be done safely?

The land man cometh

Dusty and Tamera Hagy unwittingly fell into the fracking trap the day they bought their land in 1989. “We loved our 81-acre property, it was our life. We had paid off the mortgage and spent a lot of money fixing the place up. We raised our two boys there, buried our animals there and were planning to give our boys some property,” said Dusty Hagy.

Mineral rights, fracking chemicals and natural gas federal environmental laws were all Greek to the Hagy family before a pleasant Equitable Production Company representative visited the couple in October 2007.

Equitable Production Company’s representative informed the Hagys that four natural gas wells were soon to be drilled on their property about 1,000 feet up the hill from their home.

In West Virginia, surface land ownership is separate from mineral rights. Mineral rights are the portion of the profits received from minerals extracted from land. Another party owns the Hagy property’s mineral rights which were granted hundreds of years ago. The Hagy family receives no gas royalties and didn’t sign a formal gas leasing contract, though, they did sign plenty of “papers” believing they did not have a choice.

Fracking starts – trucks, noise, explosions, and chemicals

On Nov. 11, 2007, trucks, back hoes, tree cutters and workers converged on the Hagy property uphill and upstream from their home. Equitable outsourced the drilling to BJ Services and for the next six months the holler, or enclosed valley, was flattened for a six-acre natural gas well pad.

Tamera Hagy describes life during the drilling and fracking: “It was nothing like what I had expected. This was a huge operation that lasted day and night for eight months. Trucks went up and down the road 24/7. The smell of fumes would make you sick. One night we heard something like a giant drill bit drilling and vibrating under our house.”

Dusty visited the well pad often and learned from the job crew that this fracking job wasn’t going smoothly. One worker mentioned that they had hit a lake of water and were moving the rig. Another worker shared in this audio tape #3 how the cement casing “went bad” and was re-cemented. Of the four open and lined fracking wastewater ponds, one overflowed and later broke, spilling the fracking wastewater into the nearby creek that flows from the well pad past the Hagy family’s home. In March 2008, Dusty noticed that another fracking pond’s wastewater was emptied by hose into the woods. After finding foam and oil slicks in the creek next to their well, and then when their large pond turned green, the Hagys knew something wasn’t right.

Dusty lodged a formal complaint with the West Virginia Department of Environmental Protection (DEP) on Nov. 17, 2008. DEP records reveal a gas inspector visited the site at the well’s completion and issued no violations. DEP records also reveal the three natural gas wells began producing gas in July 2008 and the wells today continue to produce about 3,000 m.c.f. of gas per month.

Be careful what you sign

As Dusty describes the Equitable representative, “We liked him, and he was a nice enough guy in the beginning and we believed everything he told us at face value.” Equitable said the natural gas drilling was simple and would cause minimal damage on 1.5 acres. When Dusty asked if fracking used anything dangerous, they were told that only water and sand were used, no chemicals were ever mentioned. A water test prior to drilling supported the Hagy’s belief that their water well was clean and safe.

On Oct. 22, 2007, Equitable paid the Hagys $19,000 to cover surface damages to their land and trees because building a well pad trashes the landscape. “I believed the Equitable guy when he said the check was just for surface damages. My property was valued at nearly $200,000. It was stupid to sign that paper, I should have gotten a lawyer,” explained Dusty. Because the well pads used more than the original 1.5 acres, Equitable paid the couple another $10,000 for damage on an additional four acres.

Later in 2008, Dusty learned the papers they had signed to receive the payments were actually damage release contracts attempting to exempt Equitable, and all drilling providers, from any and all damages associated with the drilling. “Other than shooting the family dog, this ‘contract’ covered near everything,” said Dusty Hagy.

Family gets sick—headaches, rashes and vomiting

The family drank, bathed and cooked with their well water from November 2007 to November 2008 during the gas well drilling and fracking. Ironically, the Hagy family had boasted about their pristine well water and even after their adult sons moved out, the boys brought jugs of well water back to their homes.

The Hagys began to notice changes to their water in early 2008. Their water volume was dropping and the water’s color changed from clear to brown. Often black particles were floating in water drawn from their well. Despite overwhelming evidence otherwise, Equitable never reported any issues that would impact the Hagys’ well water.

Adding to the changing water quality, both Dusty and Tamera said they were oddly tired, and woke up with “bad headaches, like a hangover.” Both smelled an “acid” odor in the house and their eyes would burn in certain rooms.

The Hagys didn’t put “two plus two together” until their youngest son went to his family doctor in Columbus, Ohio in October 2008. Their son had complained of nausea and was spitting up blood. His doctor treated him for acid reflux, a disorder he’d never experienced before, and suggested he stop drinking his parent’s well water. The son’s symptoms disappeared soon after he discontinued drinking his parent’s well water.

Based on their complaints, Equitable re-tested the Hagy water well on Nov. 8, 2008 and their water had clearly changed. The turbidity, or murkiness, was six times greater post drilling (0.5 to 3.2) and iron, manganese and calcium levels increased significantly (Dusty replaced one hot water heater during this time due to calcium build-up).

Water tests conducted later also revealed arsenic, lead, barium and Bis(2-ethylhexyl)phthalate, an organic compound linked to fracking wastewater. The radon levels of the Hagy well were 1,233 pCi/l with the maximum contaminant level set at 300. When those radon levels were compared to area wells, the Hagy’s radon in their drinking water was markedly higher than eight local U.S. Geologic Survey wells in the area.

However, the water tests conducted before and after drilling were limited and included no tests for known fracking chemicals or volatile organic compounds.

In November 2008, Equitable told the couple, “the water was bad” and to stop drinking the well water and the company began supplying bottled drinking water.

On Jan. 13, 2009, Dusty and Tamera vacated their home and have never moved back. “We thought we were going to die,” said Dusty Hagy.

Relations with Equitable were getting tense; Dusty even began recording phone conversations. Repeated requests for a list of the chemicals used in fracking went unanswered.

Dusty Hagy assumed Equitable would fix the water issue based on phone conversations (audio tape #1) with his Equitable representative who stated on the phone:

“ … for whatever reason the water’s been affected because of our drilling process. But the horizontal portion of it I don’t think had anything to do with it. Something we did had something to do with it. We have done something to the water, and no one was doubting that, but it wasn’t the horizontal part. I’m not doubtin’ that fact and I don’t think anybody’s doubtin’ that, the horizontal portion wouldn’t affect it.”

Equitable offered to drill a new water well which the family declined because they believed the aquifer itself was contaminated. This belief stemmed from a neighbor’s claim that 30 of his animals had died in 2008 during the gas drilling. Plus, Equitable tied any restitution to the couple signing an non-disclosure agreement, or gag order, meant to silence the Hagys and negate any future claims.

Hagy family sues drilling firms

As this phone conversation (audio tape #3) with Equitable reveals, once the family sought legal representation in March 2009, all contact with Equitable stopped. Bottled water deliveries and hotel payments stopped. While the couple searched for a rental home, they lived in their un-heated camper. On a positive note, once they vacated their home, their negative health symptoms dissipated.

The Hagys sued Equitable Production Company, BJ Well, Halliburton and Warren Drilling in October 2009. In short, even with the taped calls, drilling records, photos, videos and water tests, the Hagys’ lawsuit was “dismissed” in August 2012. Judge Goodwin’s opinion stated, “The case presents no genuine issue of materials fact for a jury to determine.” The lawsuit is in the appeals process and the litigation costs to date are $175,000.

How does this happen?

Though the Hagys’ lawsuit appears to provide evidence of water contamination, their dismissed lawsuit supports the claim, “There are no known cases of drinking water contamination from fracking,” often touted by pro-fracking groups.

This claim isn’t true, at least 4 confirmed cases of water contamination exist:

The natural gas industry is exempted from seven major federal environmental laws. These laws in their simplest forms are intended to protect people, places, water and air. The U.S. Environmental Protection Agency (EPA) is tasked with enforcing these laws. Because the natural gas industry isn’t regulated by the U.S. EPA at the federal level because of the legal exemptions, natural gas drilling is regulated on a state-by-state basis.

The chart below outlines the seven federal environmental laws exemptions, with many exemptions dating back decades.

The latest three exemptions were strategically written into the 1,500 page Energy Policy Act of 2005 and are now infamously named the “Halliburton loophole.” These three short paragraphs focused on eliminating water pollution oversight and also eliminated the strict environmental reviews that federal projects must undertake.

When these exemptions are combined, the benefits to natural gas industry are: no federal EPA oversight therefore pushing fracking regulation to the state level, no scientific testing, no environmental studies, no health and geologic studies and no liabilities for drillers of chemical releases into waterways and air.

The 2005 Energy Policy Act’s strategy was to provide the U.S. with “an abundant, domestic and affordable sources of fuel.” Since 2005, the gas industry has been unhampered by federal regulations and the newer shale gas drilling has grown quickly; U.S. natural gas from shale reserves has grown from one percent to 35 percent of the U.S. supply. This new supply of 8.5 trillion cubic feet of gas has forced natural gas prices down by 50 percent, even spurring coal-based electrical plants to convert to natural gas.

The coffin nail: Toxic Release Inventory exemption

The least known exemption though, the 1986 Toxic Release Inventory of Emergency Planning and Community Right-to-Know Act, may offer the natural gas industry the biggest shield from liabilities and the greatest obstacle for parties alleging fracking water contamination.

In response to the Bopal, India disaster, when Union Carbide released a harmful gas into an urban area which killed more than 20,000 people, Congress required industries to list harmful chemicals on the Toxic Release Inventory to the EPA. The EPA collects and then disseminates that information to the public and local governments.

Yet, oil and gas companies were exempted from the Toxic Release Inventory, therefore chemical disclosure is different for each of the 29 fracking states. To boot, shale gas production, or fracking, is concentrated in relatively gas-friendly states: Texas, Louisiana, Pennsylvania, Arkansas, West Virginia, Colorado and North Dakota, listed in order of gas production volume.

According to an in-depth National Resources Defense Council report which compares today’s hodgepodge of state-level fracking regulations, no state requires full chemical disclosure. Even new regulations in Texas, the largest shale gas producer, require chemical reporting but do not require “proprietary” chemicals to be listed which can account for 50 percent of the chemicals used in one fracking. The report also concludes that state reporting is inconsistent and significant portions of data are missing altogether.

Adding to the lack of chemical disclosure, only two states (West Virginia and Colorado) inform residents about new wells before drilling. This means that in 27 states, residents are not notified of new drilling, making it impossible to conduct comprehensive (and expensive) water testing before the drilling.

How exemptions play out in the law-can you prove what you drank?

In 2007, Equitable wasn’t legally required to disclose the chemicals used in the fracking, therefore no doctor, no person or group knew what chemicals to test for or what caused the foam in the creek, the color changes in the pond or the compromised water well.

Though water tests revealed the Hagy property drinking water had changed since the drilling had occurred, the tests were not apples-to-apples comparisons. During the lawsuit’s evidence discovery process, the natural gas firms finally furnished the list of chemical used on the Hagy property which verified the fracking chemicals used weren’t “just water and sand,” as quoted by the Equitable contact.

The absence of verifiable chemical data is displayed in Judge Goodwin’s opinion and order to grant a motion for Summary Judgement, which in layman’s terms means the Hagy lawsuit was dismissed. The burden of chemical exposure proof was placed on the plaintiffs, “to demonstrate amount, duration, intensity and frequency of chemical exposure.” A catch-22.

Gas leases and contracts: The devil’s in the fine print

Adding to the chemical disclosure catch-22 is that most gas leases heavily favor natural gas drillers. In 2011, The New York Times analyzed more than 110,000 shale gas leases and concluded; over half of gas leases provide landowners no restitution in the event of harm, most exclude any explanation of potential harm and a majority of leases include automatic contract extensions that require no landowner approval. Natural gas wells can produce for decades and gas lease contracts can be automatically renewed in perpetuity. Many leases include clauses mandating that damage disputes be heard in arbitration outside of the legal system.

The door-to-door leasing agents who represent gas drillers, a.k.a. landmen, are tasked with getting natural gas leases signed by landowners. Feedback from many landowners is that landmen are very persuasive, personable and often mis-represent facts. These revealing talking pointspages were reportedly found by a Ohio homeowner who had been visited by a West Bay Exploration’s leasing agent. The talking points, marked confidential, give sales agents advice to, “not talk about the anti-fracking documentary Gasland, to not discuss chemicals or fracking and to speed up the lease signing before people think about the drilling.”

Many natural gas leases border on predatory in nature as it appears the gas leasing process relies on the ignorance of rural, landowners to enter into binding, private contracts with natural gas drillers.

The Hagys claim they were absolutely unaware they had signed a damage release waiver, twice even. “The Equitable representative sat right on my porch and said the cash was a small payment for the trees and land damage. It wasn’t until November 2008 that I even found out I supposedly had signed away any rights,” said Dusty.

These two damage release forms inadvertently signed by the Hagys have reared their ugly heads during the lawsuit process as another reason Equitable and BJ Services claim they are not liable for any water, health or property damage; the companies claim the Hagys signed away any rights to liabilities and restitution.

Suing a gas company—expensive and grueling

“Fracking has been the tragedy of the commons—freedom to a common, brings ruin to all,” according to Maxwell Kennerly, a trial lawyer at The Beasley firm in Philadelphia. Legally it’s been impossible for plaintiffs to precisely pinpoint exactly what happened underground or link exact chemicals to a situation when those chemicals aren’t divulged and the drilling process isn’t accessible. Any lawyer taking these cases has to be prepared to put their own money and resources on the line to be a trailblazer.”

The first legal team hired by the Hagy family in 2009 dropped the Hagys’ case one year later. During that year the family lost valuable time in conducting water tests and gathering evidence. Their current lawyer, Kevin Thompson, of the Law Offices of Thompson Barney in Charleston, West Virginia, has taken the case on a contingency fee basis. The Hagy family has paid no out-of-pocket expenses. The lawsuit’s litigation costs to date top $175,000.

Lastly, there is an emotional toll for using our legal system to get restitution; it’s a grueling process according to Dusty Hagy. “It’s been hell. For over two years, we’ve been reliving this awful experience. In the back-of-our-minds we realize this may be all for nothing. My wife and I feel we had our most important asset stolen from us, the drinking water that makes our property a place to live, not just 81 acres for animals. It feels like the whole system is stacked against us.”

Where are the Hagys?

Interestingly, the Hagys and 70 of their neighbors who live on a 5-mile stretch of Sugar Creek Road have petitioned Southern Jackson County Public Services to extend public water service to their homes at cost of $2 million. The project is on an 5-year waiting list and there is no guarantee it will ever be completed. According to Karl Vielhaber, general manager for the Southern Jackson County Public Service, the property owners have petitioned for municipal water because most claim their water wells are contaminated from gas drilling. Most of the homeowners haul water to their homes from a coin operated water source.

Dusty and Tamera have moved to a new property with a mortgage, and they still own their vacated property. Equitable’s three natural gas wells still produce gas today and may for years on the Hagys’ vacant property.

The winners and losers

A clear winner in fracking so far is natural gas industry. Fracking cases settled out-of-court provide critical benefits for the gas industry because the settlements include “gag orders” so that injured parties can not discuss the case and its contents. Financially, settlements reduce liabilities for natural gas firms by eliminating unpredictable jury awards. More importantly, settlements help the industry maintain their public relation’s campaign to the media, elected officials, the financial industry and the American consumer that natural gas drilling is clean and safe.

American consumers are also winners in the fracking story. According to the Energy Information Administration, residential gas prices are about 50 percent less than the 2008 natural gas price peak.

Fracking’s losers are the private landowners who have been negatively impacted by fracking and may or may not have received proper restitution. Collectively, the public loses as closed settlements shut down any learning, studies or analysis needed to create uniform industry best practices and build legal precedence for future cases.

Fracking regulations are slowly developing. The Obama Administration announced federal regulations mandating methane capturing at well sites. State legislatures are slowly developing new rules with Pennsylvania creating some of the toughest legislation over wastewater recycling and charging per well fees to pay for damages. But, as the Center for Energy Economics and Policy’s website and National Resourced Defense Council report illustrate, fracking regulation is complicated and convoluted.

What can you do?

Stories like this can often leave readers with an uneasy question: “What can I do?” Hear are a few ideas.

Contact your federal and state elected officials. Your state elected officials are key as fracking is exempt from federal regulation and it seems Washington is struggling to make any changes with pretty much anything. Sending a quick email to your state delegates and senator with a link to this post takes 30 seconds and alerts your elected officials that fracking is on your radar screen. Make your opinion on the current process known.

Choose a fracking group from below that matches your point of view and sign-up for their newsletters. Add them to your twitter feed or friend on facebook to keep abreast of new regulations and issues. If you’re a Flipboarder, add fracking to your list.

The groups below often include easy “call-to-actions” where your voice can be heard. Interestingly, all but a few people in these groups and grassroots organizations are volunteers.

I live in the beautiful state of Wisconsin, with the exception of the bone-chilling cold during January and February! One of my state’s senators sent me a letter informing me that, in short, mining here can be done safely with minimal environmental impact.

There is no such thing as “safe mining!” The two words when put together are polar opposites of each other. I like my idea better, so I emailed it off to him! You can do the same with all of your state’s elected officials, including your governor, by sending them a clear, resounding message that it is (way past) time to divest from dirty, finite energy and invest in cheaper, clean, renewable energy starting today! Our climate is screaming for help, and we can no longer let our legislators promote their hidden, greed-laden agendas!

Here is a copy of a brief letter that I just sent off to Senator Cullen:

Dear Senator Cullen:

There is no need for mining of any kind in the great state of Wisconsin where I was born and raised! Mining for finite, dirty energy sources is dangerous, unhealthy to the workers, and unhealthy to the rest of Wisconsinites, since there is always pollution runoff or overflow. This runoff or overflow is NOT properly regulated by the EPA or its WI branch!

We have a vested interest to divest from dirty energy and invest in clean, renewable energy sources such as wind, solar, hydro-electric and geothermal power. Our environment desperately needs this in order to avert catastrophic weather changes that are steadily increasing in numbers and intensity! For the sake of humanity and its future generations, please take mining off of Wisconsin’s energy table! We deserve better, cheaper energy alternatives, and most importantly, so do our children!

As a massive snowstorm approached the Northeastern United States Friday, multiple state officials in the New England area declared martial law by issuing a ban on driving. Citizens may face up to a year in prison and a $1000 fine for ignoring the ban.

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As of 5:00 PM EST Friday, authorities in multiple Northeastern US states have implemented martial law, due to “the weather.”

Facing up to one year in jail and a $1000 fine for merely driving their own cars on public streets and highways, citizens in various areas within the New England region have been hit with executive orders, threatening residents with criminal penalties if they leave their homes and attempt to drive during the current snowstorm.

R.I. Gov. Lincoln Chafee, for instance, has ordered vehicles off of Routes I-95, I-195, RI-146, RI-24 and I-295, beginning at 5 p.m., according to the R.I. Emergency Management Agency.

The only exceptions, according to R.I.’s WPRI, are the news media, public safety vehicles and public works vehicles and workers that includes contract personnel, government officials on official business, utility company vehicles and workers, health care workers who travel to and from work in order to provide essential health services, travel necessary to maintain and deliver critical private sector services such as energy, fuel supplies, financial systems and critical commodities and travel to support business operations that provide critical services to the public, including gas stations, food stores and hardware stores.

Massachusetts Gov. Deval Patrick also signed an executive order banning all non-essential motor vehicle travel statewide beyond 4 p.m., believed to be the first such travel ban since the blizzard of 1978, according to the Associated Press.

Connecticut’s Gov. Dannel P. Malloy imposed a travel ban of his own Friday on the state’s limited access highways and deployed National Guard troops around the state for rescues or other emergencies.

Thus far, authorities in other areas in the region, such as New York, have not stated if they will be following suit. It is also unclear as to how long the executive orders stand or if it is even legal to impose such demands on the public’s right to travel freely, regardless of the conditions.

Many residents in the area have openly expressed being surprised by the “overreaction,” seeing the executive orders as completely unnecessary, considering New England and surrounding areas are used to seeing snow storms of similar magnitudes almost every season.